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Full text of "Ordinances of the convention, assembled at Wheeling, on the 11th of June, 1861"

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UNIVERSITY 
OF PITTSBURGH 




Dar. Rm. 



LIBRARIES 



3 1735 060 727 405 

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O RDIN i^N C E S 



OF THE 



CONVENTIO^^' 



ASSEMBLED AT WHEELH^G, 



ON THE 



11th OF JUNE, 1861. 



PRINTED BY AUTHORITY OF THE CONVENTION. 



WHEELING, VA. 



1861. 



.^ 



A D E L A E ATI () K 

OF THE 

PEOPLE OF VIRGINIA, 



REPRESENTED IN CONVENTION, AT THE CITY OF WHEELING, 
THURSDAY, JUNE 13, 1861. 



The true purpose of all government is to promote the welfare and provide 
for the protection and security of the governed, and when any form or organ- 
ization of government proves inadequate for, or subversive of this purpose, 
it is the right, it is the duty of the latter to abolish it. The Bill of Rights of 
Virginia, framed in 1776, re-affirmed in 1830, and again in 1851, expressly 
reserves this right to a majority of her people. The act of the General 
Assembly, calling the Convention which assembled at Richmond in February 
last, without the previously expressed consent of such majority, was there- 
fore a usurpation : and the Convention thus called has not only abused the 
powers nominally entrusted to it, but, with the connivance and active aid of 
the executive, has usurped and exercised other powers, to the manifest injury 
of the people, which, if permitted, will inevitably subject them to a military 
despotism. 

The Convention, by its pretended ordinances, has required the people of 
Virginia to separate from and wage war against the government of the United 
States, and against citizens of neighboring States, with whom they have 
heretofore maintained friendly, social and business relations : 

It has attempted to subvert the Union founded by Washington and his co- 
patriots, in the purer days of the republic, which has conferred unexampled 
prosperity upon every class of citizens, and upon every section of the country : 

It has attempted to transfer the allegiance of the people to an illegal con- 
federacy of rebellious States, and required their submission to its pretended 
edicts and decrees : 

It has attempted to place the whole military force and military operations 
of the Commonwealth under the control and direction of such confederacy, 
for offensive as well as defensive purposes : 

It has, in conjunction with the State executive, instituted wherever their 
usurped power extends, a reign of terror intended to suppress the free 
expression of the will of the people, making elections a mockery and a fraud : 

The same combination, even before the passage of the pretended ordinance 
of secession . instituted war by the seizure and appropriation of the property 
of the Federal Government, and by organizing and mobilizing armies, with 
the avowed purpose of capturing or destroying the Capital of the Union : 



6 Ordinances. 

They have attempted to bring the allegiance of the people of the United 
States into direct conflict with their subordinate allegiance to the State, 
thereby making obedience to their pretended ordinances, treason against the 
former. 

"We, therefore, the delegates here assembled in Convention to devise such 
measures and take such action as the safety and welfare of the loyal citizens 
of Virginia may demand, having maturely considered the premises, and view- 
ing with great concern the deplorable condition to which this once happy 
Commonwealth must be reduced unless some regular adequate remedy is 
speedily adopted, and appealing to the Supreme Ruler of the Universe for 
the rectitude of our intentions, do hereby, in the name and on the behalf of 
the good people of Virginia, solemnly declare that the preservation of their 
dearest rights and liberties and their security in person and property, imper- 
atively demand the reorganization of the government of the Commonwealth, 
and that all acts of said Convention and Executive, tending to separate this 
Commonwealth from the United States, or to levy and carry on war against 
them, ai-e without authority and void ; and that the offices of all who adhere 
to the said Convention and Executive, whether legislative, executive or 
judicial, are vacated. 



An ORDINANCE for the Reorganization of the State Government. 

Passed Jnno 19, IS61. 

The People of the State of Virginia, by their Delegates assembled in 
Convention at Wheeling, do ordain as follows : 

1. A governor lieutenant governor and attorney general for the state of 
Virginia, shall be appointed by this convention, to discharge the duties and 
exercise the powers which pertain to their respective offices by the existing 
laws of the state, and to continue in office for six months, or until their suc- 
cessors be elected and qualified ; and the general assembly is required to 
provide by law for an election of governor and lieutenant-governor by the 
people as soon as in their judgment such election can be properly held. 

2. A council, to consist of five members, shall be appointed by this con- 
vention, to consult with and advise the governor respecting such matters 
pertaining to his ofiicial duties as he shall submit for consideration, and to aid 
in the execution of his official orders. Their terra of office shall expire at 
the same time as that of the governor. 

o. The delegates elected to the general assembly on the twenty-third day of 
May last, and the senators entitled under existing laws to seats in the next 
general assembly, together with such delegates and senators as may be duly 
elected under the ordinances of this convention, or existing laws, to fill 
vacancies, who shall qualify themselves by taking the oath or affirmation 
hereinafter set forth, shall constitute the legislature of the state, to discharge 
the duties and exercise the powers pertaining to the general assembly. They 
shall hold their offices from the passage of this ordinance until the ?nd of the ^ 
terms for which they were respectively elected. They shall assemble in the 
city of Wheeling on the first day of July next, and proceed to organize them- 
selves as prescribed by existing laws, in their respective branches. A majority 



Ordinances. 7 

in each branch of the members qualified as aforesaid, shall constitute a quo- 
rum to do business. A majority of the members of each branch thus quali- 
fied, voting affirmatively, shall be competent to pass any act specified in the 
twenty-seventh section of the fourth article of the constitution of the state. 

4. The governor, lieutenant-governor, attorney general, members of the 
legislature, and all officers now in the service of the state, or of any county, 
city or town thereof, or hereafter to be elected or appointed for such service, 
including the judges and clerks of the several courts, sheriffs, commissioners 
of the revenue, justices of the peace, officers of the city and municipal cor- 
porations, and officers of militia, and officers and privates of volunteer com- 
panies of the state, not mustered into the service of the United States, shall 
each take the following oath or affirmation before proceeding in the discharge 
of their several duties : 

"I solemnly swear (or affirm,) that I Vi^ill support the constitution of the 
United States, and the lav/s made in pursuance thereof, as the supreme law 
of the land, anything in the constitution and laws of the state of Virginia, or 
in the ordinances of the convention which assembled at Richmond on the 
thii-teenth of February, eighteen hundred and sixty-0!:e, to the contrary not- 
Avithstanding ; and that I will uphold and defend the government of Virginia 
as vindicated and restored by the convention which assembled at Wheeling 
on the eleventh day of June, eighteen hundred and sixty-ono." 

5. If any elective officer, who is required by the preceding section to take 
such oath or affirmation, fail or refuse so to do, it shall be the duty of the 
governor, upon satisfactory evidence of the fact, to issue his writ declaring 
the office to be vacant, and providing for a special election to fill such vacancy 
at some convenient and early day to be designated in said writ ; of which due 
publication shall be made for the information of the persons entitled to vote 
at such election ; and such writ may be directed, at the discretion of the gov- 
ernor, to the sheriff or sheriffs of the proper county or counties, or to a 
special commissioner or commissioners to be named by the governor for the 
purpose. If the officer who fails or refuses to take such oath or affirmation 
be appointed by the governor, he shall fill the vacancy without writ, but if 
such officer be appointed otherwise than by the governor or by election, the 
writ shall be issued by the governor, directed to the appointing power, 
requiring it to fill the vacancy. 

Arthur I. Bohkman, President. 
G. L. Cbanmer, Secretarij. 



An ORDINANCE to authorize the appreheuding of suspicious 
persons in time of war. 

PassedJune ly, ISGl. 

The People of Virginia, by their Delegates assembled in Convention at 
Wheeling, do ordain that the Sixth and Seventh Sections of the Seventeenth 
Chapter of the Code of Virginia, be amended and re-enacted as follows : 

1. The Governor may cause to be apprehended and secured, or may compel 
to depart from this state, all suspicious subjects or citizens of any foreign state 
or power at war with the United States. 



8 I h'dincmces. 

'1. And whereas, the couveution at Ricbmoud have declared the union 
between the state of Virginia and the other states, under the constitution ol' 
the United States, to be dissolved, and have attempted to transfer the alle- 
giance of the people of this state to an illegal confederacy of rebellious states 
called the confederate states of America : claiming that the state of Virginia 
and the said confederate states are rightfully, and in fact foreign states or 
powers in reference to the United States : Now, therefore, all persons in this 
commonwealth adhering to and supporting the said convention at Richmond, 
or the said confederate states, or professing to owe allegiance or obedience to 
the same, shall be deemed, (for the purposes of this ordinance only,) subjects 
or citizens of a foreign state or power at war with the United States. 

3. The governor may send for the person and papers of any such person 
within this state, in order to obtain information to enable him to act in such 
cases. 

4. Any warrant or order of the governor under this ordinance may be 
directed to any sherifl' or other oflicer, civil or military, and shall be executed 
according to the terms thereof by such officer, who shall have all the powers 
necessary for the purpose, either in or out of his county or corporation. 

5. If the governor shall have just cause to believe that any persons in this ■ 
state claiming to be subjects or citizens of the said confederate states, or 
adhering to and supporting the said convention or the said confederate states, or 
professing to owe allegiance or obedience to the same, are about to assemble 
together, or have assembled themselves together, for the purpose of drilling 
or receiving militai-y instruction, or to organize themselves as a military force, 
or to attempt any military operation, or do any act which may endanger the 
safety or welfare of the good people of this commonwealth or any portion of 
the same, he may cause such assemblage to be prevented or dispersed, and 
the persons who may be about to assemble or who have assembled as afore- 
said, to be apprehended and secured, or may compel them to depart from this 
state ; and for this purpose he may issue his warrant or order directed to any 
sheriff or other officer, civil or military, which warrant or order shall be exe- 
cuted as aforesaid. And any assemblage of two or more persons for any 
purpose inimical to the government of the United States, or of this state as 
reorganized by this convention, shall be deemed an unlawful assembly, and 
the persons so offending may be proceeded against and punished as provided 
in chapter one hundred and ninety-five of the code of Virginia. 

(1. If any shei-iff or other person shall transmit or pay any money, or any 
check, draft, bill, order, note or certificate for the payment of money, to any 
officer or other person at Richmond or elsewhere, for the use of the said con- 
federate states, or of the illegal state government at Richmond, now waging 
war against the United States, or shall furnish any money, arms, military 
equipments or munitions of war, or aid or other siip^iort to the said confed- 
erate states, or state government, or to any military force under the control 
or direction of the same, or to any person or persons about to join any 
such military force, the governor may cause to be apprehended and secured, 
or may cause to depart from this state, the sheriff or other person guilty of 
such offense, and for this purpose may issue his warrant or order and cause 
the same to be executed as hereinbefore provided. 



Ordinances. 9 C-^ '^ 

7. The powers vested in the governor by this ordinance shall be exercised f^ rv 
only upon satisfactory evidence and with the concurrence of a majority of his w\ in r< 

8. This ordinance shall take effect from its passage, and may be altered or ■" Nk rs 

repealed by the general assembly. ** .^ i^" 

Arthur I. Boreman, Fresident. X ^ IN 



G. L. Cranmer, Secretary. 



^^ 



An ORDINANCE relating to the Receipts and Disbursements of the 
Public Revenue, and providing for the appointment of an Auditor, 
Treasurer, and Secretary of the Commonwealth. 

ras:<ed ,hino 21, l^Gl. 

The People of Virginia, by their Delegates assembled in Convention in 
Wheeling, do ordain as follows : 

1. The general assembly, as soon as it shall be organized at Wheeling, 
pursuant to the ordinances of this convention, shall elect by joint vote of the 
two houses, an auditor ot public accounts, a treasurer, and a secretary of the 
commonwealth, whose terms of office shall respectively commence as soon as 
they shall be duly qualified, and shall continue for the unexpired portion of 
the current term of said offices, and until their successors be respectively 
elected and qualified. 

2. The officers so to be elected shall discharge the duties and exercise the 
powers pertaining to their several offices by existing laws, so far as such laws 
may be consistent with the ordinances of this convention. 

3. Each of said officers shall give bond with security, to the satisfaction of 
the governor; which bond shall be payable to the commonwealth of Virginia, 
and be conditioned for the faithful performance of the duties of the office. The 
penalties of the bonds shall be respectively as follows: that of the auditor of 
public accounts, twenty thousand dollars ; that of the treasurer, fifty thousand 
dollars; and that of the secretary of the commonwealth, five thousand dollare. 
Each of the bonds shall be submitted to the governor for approval, and if he 
be of opinion that it is in proper form and duly executed, and that the 
security is sufficient, he shall endorse his approval thereon, and cause the 
same to be deposited in some secure place for safe keeping. 

4. The auditor of public accounts and the treasurer, shall each keep an 
office in the city of AVheeling for the transaction of their official business, 
and the hours for transacting business at said offices shall be from eight in the 
morning until three in the afternoon between the first day of April and the 
first day of Xovember, and from nine in the morning until three in the after- 
noon during the remainder of the year. 

5. It shall be the duty of the several sheriffs, and all other persons who 
have in their hands or are liable for any monies which by existing laws are 
payable to the treasury of the state of Virginia, forthwith to adjust their 
several accounts with the auditor to be elected as aforesaid, and pay over to (_^ 
the treasurer herein provided for, the amounts which shall respectively be 
found due to the state. 



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IC Ordinances. 

■J. If auy sheriff or other person, having in his hands or being liable for any 
monies which by existing laws are payable to the treasury, fail or refuse to 
adjust his accouot, or to pay over such monies as herein required, the auditor 
of public accounts shall immediately publish a notice of such default in 
some newspaper in the city of Wheeling; and if such sheriff or other person 
shall not within thirty days after such publication, have duly adjusted his 
account and paid over such monies, he shall forfeit and pay to the common- 
wealth the sum of five hundred dollars, to be levied by distress under warrant 
of the governor, which warrant it shall be the duty of the governor to issue on 
satisfactory evidence that such default has occurred, directing the same at his 
discretion to the sheriff of any county, or to a special commissioner or commis- 
sioners for the purpose; and the sheriff or other person making default as 
aforesaid, and his or their securities shall further be liable to judgment in the 
name of the commonwealth of Virginia, for the amount appearing to be due, 
with interest thereon from the time of such default till payment, and fifteen 
per centum upon the principal, as damages, to be recovered by motion on ten 
days' notice in any court of record in the state. 

7. The several commissioners of the revenue and sheriffs, having first taken 
the oath or aflirmation required by the ordinances of this convention, and 
being otherwise duly qualified, shall proceed with all convenient dispatch, to 
the discharge of their several duties in relauon to the assessment and collec- 
tion of the public revenue under the existing laws, so far as the same may not 
lie inconsistent with the ordinances of this convention. 

t ' 8. All monies to be paid into the public treasury shall be paid into the 

►Merchants' and Mechanics' Bank of Wheeling, at the city of Wheeling, or 

None of its branches at Point Pleasant, Clarksburg and Morgantown, or into 



^ the North Western Bank of Virginia, at Wheeling, or one of its branches at 

^ NParkersburg or Wellsburg; or if east of the Blue Ridge, into the Bank of the 

J ^Old Dominion, in Alexandria, all monies of the state collected in the counties 

^*> "T^ast of the Blue Ridge of mountains, to the credit of The Treasury of Virginia; 

\A r'and the person so paying the same shall take from the proper officer of such 

' ^ . (^bank or branch a certificate of the fact. The treasurer, on the delivery of 

N ^ vsuch certificate, shall retain and file the same, charging the amount therein 

0| specified to the proper bank or branch, and delivering to the person who made 

\^ ^ the payment at bank, duplicate receipts for the amount so paid, specifying on 

^ NJAvhat account the money was paid. The person making the payment shall 

J ^ X- c forthwith hand over one of the said receipts to the auditor of public accounts, 

V ^to be retained and filed by him and charged to the treasurer's account; and 

upon the other receipt, which is to be retained by the person making the pay- 

ent, the auditor shall endorse as follows: .1 chiplicate hereof has been fled 

the audiior's office, and affix his signature and the proper date to such 

dorsement. 

'.). No receipt of the treasurer shall be an acquittance or discharge to any 
person for any sum of money due to the commonwealth, unless such receipt 
be endorsed by the auditor of public accounts as aforesaid. And any person 
bound to pay money into the public treasury, who shall pay the same other- 
wise than according to this ordinance, shall remain liable for such money, 
and be subject to every fine, penalty or forfeiture to which he would have been 
subject if he had not paid the same. 




Ordinances. 11 



10. If the governor, at any time when this convention and the general 

isembly reorganized under the ordinances thereof, shall not be in session, 

lall be of opinion that the safety of the public funds requires that no more 

public monies should be paid into any one or more of the depositories specified 



in the eighth section, or that the monies which may be in the same to the<^ pv ,^S^ 



assembly reorganized under the ordinances thereof, shall not be in session, ( 

shall be of opinion that the safety of the public funds requires that no more L 

credit of the treasury should be withdrawn, he may announce the fact by \ ^ rJ (S \. 

proclamation, to be published in some newspaper in the city of Wheeling, and^^ /^ N^ 

in the city of Alexandria; and in the proclamation he may, if it be necessary,; \ i Kx 

designate another depository or depositories at which monies due the common-*^ yf (S 

wealth may thereafter be paid. And after such proclamation published it^=^ ^ / iV 

shall not be lawful to pay any sum of money on state account into any \ 

depository or depositories to which such payment shall be thereby forbidden ; '^ fS 

and the auditor of public accounts and the treasurer, if required by the gov- S-v. "^ 

ernor, shall cause the monies held by such depository or depositories to be ^^. fN 

transferred to some other lawful depository or depositories of the public funds. Av 

But all such proclamations and orders of the governor shall, as soon as possi- C^^ n^ 
ble, be submitted to this convention or to the general assembly, for thei'r 
revision. ^ 

11. Any person claiming to receive money from the public treasuTy shall 
apply to the auditor of public accounts for a warrant for the same. And the 
auditor, if he find such money to be due by the state, and that the payment 
thereof has been authorized by any ordinance of this convention, or act of the 
general assembly as reorganized under the ordinances of this convention, shall 
issue his warrant therefor upon the treasurer, specifying on what account the 
money is to be paid, and to what appropriation the same is chargeable. And 
the treasurer, on the presentation of said warrant to him, shall, if satisfied 
that said warrant has been authorized as aforesaid, endorse upon said warrant 
his check, directed to some one of the depositories in which there shall be 
money to the credit of the treasury, which check shall be payable to the order 
of the person entitled to receive the amount therein specified. The treasurer 
shall, however, at no time draw a check on any bank, branch, or other depos- 
itory, unless there be money enough therein, to the credit of the treasury, to 
pay such check. And no bank, branch or other depository, holding money to 
the credit of the treasury, shall pay any check drawn by the treasurer unless 
the same be endorsed upon a Avarrant, authorizing the same, issued by the 
auditor of public accounts. 

I'l. This ordinance shall take efiect from its passage. It may be altered or 
repealed by the general assembly. 

Arthur I. Boremax, President. 
G. L. Cranmer, Secretary. 



All ORDINANCE fixing the compensation of certain ofiicers therein 

mentioned. 

Passed Juno 21, 1S61. 

The People of Virginia, by their Delegates assembled in Convention at 
Wheeling, do ordain that the compensation of the several officers herein 
mentioned shall be as follows : 

Of the governor, at the rate of three thousand dollars per annum ; 

Of the attorney general, at the rate of one thousand dollars per annum; 



12 Ordinayices. 

Of the secretary of the commonwealth, at the rate of fifteen hundred dollars 
per annum ; 

Of the auditor of public accounts, at the rate of two thousand dollars per 
annum ; 

Of the treasurer, at the rate of fifteen hundred dollars per annum ; 

Of the president of the senate, the speaker of the house of delegates, and the 
president of this convention, eight dollars to each for every day's attendance; 

Of the other members of the senate, house of delegates, and of this conven- 
tion, four dollars to each one for every day's attendance; but no person shall 
receive compensation for the same day both as a member of this convention 
and of the legislature ; 

Of the secretary of this convention, eight dollars for each day's attendance, 
out of which he is to pay his assistant; 

Of the sergeant-at-arms attending this convention, and sergeant-at-arms 
for the Legislature, four dollars for each day's attendance; and two dollars 
per day for each door keeper and police officer employed ; and one dollar per 
day for each of the pages. 

2. The secretary of the commonwealth, auditor of public accounts and 
treasurer, shall once at least in every quarter submit to the governor their 
several accounts for office expenses, including printing, stationery, blank 
books, fuel and other things necessary for the transaction of their official 
business, which accounts when approved by the governor, and such approval 
certified in writing, shall be allowed and paid. All expenses incurred by the 
governor and council in the transaction of official business shall be submitted 
to the auditor of public accounts in the same manner as other claims against 
the state. 

3. The members of the senate and house of delegates shall be allowed 
mileage at the rate of ten cents for every mile of necessary travel to be com- 
puted by the nearest and most direct route from their several residences to the 
city of Wheeling. 

4. This ordinance shall take effect from its passage, and may be altered or 

repealed by the general assembly. 

Arthur I. Boreman, President- 
G. L. Cranmer, Secretary. 



An ORDINANCE recognizing the constitutional duty of the Com- 
monwealth of Virginia to call forth the militia of the State in 
obedience to the lawful requisition of the government of the 
United States, "to execute the laws of the Union, suppress 
insurrections and repel invasions." 

Passed June 2ri, ISlil. 

Whereas, by the Proclamation of the President of the United States, three 
regiments of volunteer militia, consisting of infantry or riflemen, have been 
called into the service of the United States, to aid in the execution of the 
laws of the Union, and other and additional regiments may in like manner 
be hereafter lawfully called into the service of the United States for the like 
purpose: 



Ordinances. 13 

Now, therefore, the People of Virginia, by their Delegates assembled in 
Convention at Wheeling, do ordain as follows : 

1. That the governor of this commonwealth grant commissions in the usual 
and prescribed form, to the officers of the several regiments which may have 
been heretofore, or may hereafter be mustered into the service of the United 
States ; such officers to take rank in their several grades as of the dates of 
their several elections ; the said regiments to be numbered in the order of 
their organization, and styled "Virginia Volunteer Militia in the service of 
the United States." Full returns of said regiments shall, as soon as practi- 
cable be made to the adjutant general, who shall make due record thereof, 
and of all commissions issued under this ordinance. Such regiments shall 
be organized in the mode prescribed by the act of congress of the United 
States for such case made and provided, and the officers thereof shall be 
appointed in the mode provided Ijy the existing laws of this commonwealth. 

2. This ordinance shall take effect from and after the day of its passage, 
and may be repealed or amended by the general assembly. 

Arthur I. Boreman, rresulent. 
G. L. Cranmer, Secretary. 



An ORDINANCE relating to tlie Collection of the Revenue. 

Piisseil .June 2:., isci. 

The People of Virginia, by their Delegates assembled in Convention at 
Wheeling, do ordain as follows : 

1. That on all taxes hereafter collected there shall be allowed to the person 
from whom they are collected, by the officer collecting the same, ten per 
centum on the amount thereof if such payment be made on or before the 
fifteenth day of September next; if made after the fifteenth day of Septem- 
ber and prior to the fifteenth day of October next, six per centum on the 
amount paid ; and if made after the said fifteenth day of October and prior 
to the tenth day of November next, three per centum shall be allowed on the 
amount paid. 

2. It shall be the duty of the auditor of the public accounts to credit the 
accounts of the several sheriffs with the per centage allowed to be deducted 
from said taxes under the terms of the preceding section : provided, the said 
sheriffs shall account for and pay over the said taxes collected, within ten 
days after each respective period stated in said section. 

3. This ordinance shall take effect from and after the day of its passage, 

and may be repealed or amended by the general assembly. 

Arthur I. Boremax, rresident. 
G. L. Cranmer, Secretary. 



14 Ordinances. 

An ORDINANCE requiring the evidence of the taking certain 
oaths to be filed in the office of the Secretary of the Common- 
weal ih. 

Passpfl June 2."., 1861. 

The People of Virginia, by their Delegates assembled in Convention at 
Wheeling, do ordain as follows : 

1. When a person heretofore elected or appointed, or who shall be here- 
after elected or appointed, to any office in this state, shall take the oaths 
required of him in a court of record, he shall procure a transcript from the 
record of the court, stating the fact of his having taken such oaths ; and 
when he takes such oaths before a judge, notary or justice, he shall procure a 
certificate of the person administering the same, stating the fact. 

2. When the oath prescribed in the ordinance for the reorganization of the 
state government shall be taken as aforesaid, the person taking the same 
shall cause the said transcript or certificate to be delivered to the secretary of 
the commonwealth, who shall file and preserve the same in his office. And 
if such transcript or certificate be delivered as aforesaid to the secretary of 
the commonwealth, it shall not be required of the person taking the oath to 
deliver the transcript or certificate as prescribed by the sixth section of the 
thirteenth chapter, or by the nineteenth section of the twenty- fourth chapter 
of the second edition of the code of Virginia. 

3. This ordinance shall take effect from its passage, and may be altered or 
repealed by the general assembly. 

Arthur I. Boreman, President. 
G. L. Cranmer, Secretary. 



An ORDINANCE providing that the copies of the Ordinances 
printed under the authority of this Convention, shall be received 
as evidence. 

Tasscd June 2'), ISfil. 

Be it ordained by the People of Virginia, in Convention assembled at 
Wheeling : 

1. That the secretary of the convention cause one thousand copies of the 
ordinances of this convention to be printed in a uniform style with the jour- 
nal, and that the printed copies of said ordinances, thus published under the 
authority of this convention, shall be received as evidence in the courts of 
this state, for any purpose for which the original ordinance could be received, 
and with as much effect. That the governor direct the distribution of said 
ordinances, thus published, in such manner as shall best subserve the public 
interests. 

2. This ordinance shall take effect from and after its passage. 

Arthur I. Boreman, President. 
G. L. Cranmer, Secretary. 



Ordinances. 15 

An ORDINANCE providing for the dif^cliarge of the duties of the 
Board of Public Works. 

Passed August '.i, ISGI. 

The People of Virginia, by their Delegates assembled in Convention at 
Wheeling, do ordain as follows : 

1. Until the general assembly shall direct an election of members of the 
board of public works, and the same shall be duly elected and qualified, the 
governor, auditor and treasurer of the commonwealth shall constitute the said 
board, and shall exercise the authority and discharge the duties thereof. The 
secretary of the commonwealth shall discharge the duties of the clerk of the 
said board. 

'1. This ordinance shall take effect from its passage. 

A. I. BoREMAN, Fresidcni. 
G. L. Crax.mer, Secretari/. 



An ORDINANCE providing for the discharge of the duties of the 
office of Second Auditor. 

Passed August 'J, ISfil. 

The People of Virginia, by their Delegates assembled in Convention at 
Wheeling, do ordain as follows: 

1. The duties of the office of Second Auditor, as prescribed by the laws 
now in force, shall, until the vacancy now existing in the said office is filled 
by the general assembly, be discharged by the auditor of public accounts, 
without additional compensation. 

± This ordinance shall take effect from its passage, and may be altered or 
repealed by the general assembly. 

A. I. BoRE.MAx, President. 
G. \i. Craxmeu, Secretary. 



An ORDIjNANCE declaring null and void the proceedings of the 
Richmond Convention of 1S51. 

Passed August ',i, L*C1. 

The People of Virginia, by their Delegates assembled in Convention at 
Wheeling, do ordain as follows : 

1. All ordinances, acts, orders, resolutions and other proceedings of the 
convention which assembled at Richmond on the thirteenth day of February 
last, being without the authority of the people of Virginia constitutionally 
given, and in derogation of their rights, are hereby declared illegal, inopera- 
tive, null, void, and without force or effect. 

A. I. BoREMAx, President. 
G. L. Craxmer, Secretary. 



16 Ordinances. 

An ORDINANCE in relation to the collection of the Public 

Revenue. 

r.assod August 12, 1861. 

The People of Virginia, by their Delegates assembled in Convention at 
AVheeling, do ordain as follows : 

1. There shall be allowed to every sheriff and collector, for collecting the 
revenue levied in the year eighteen hundred and sixty- one, in addition to that 
now allowed by law, a commission of two and one-half per centum on the 
amount of taxes with which he is chargeable ; and if the sheriff or collector 
of any county or corporation, where the amount of taxes with which he is 
chargeable does not exceed the sum of ten thousand dollars, shall pay the 
same or any part thereof into the treasury within the time now required by 
law, he shall be allowed a further additional commission of two and one-half 
per centum on the amount so paid. 

2. This ordinance shall be in force from its passage, and may be altered or 
repealed by the general assembly. 

A. I. BoREMAN, President. 
G. L. Cranmer, Secretary. 



An ORDINANCE to provide for holding a special term of the 
County Court of Jackson County. 

Passed August I'.i, ISiil. 

The People of Virginia, by their Delegates assembled at Wheeling, do 
ordain as follows : 

1. A special term of the county court of Jackson county shall Ije held, 
commencing on the fourth Monday of August, eighteen hundred and sixty- 
one, and continuing until the business brought before it is disposed of, for 
the purpose of reorganizing the said court, if necessary, for reclaiming and 
providing for the keeping and safety of the records, books and papers of the 
said county, and for transacting such other business as may properly come 
before it. 

2. This ordinance shall be in force from its passage. 

A. I. BoREMAX, President. 
G. L. Ckaxmer, Becretcmi. 



An ORDINANCE to provide for the formation of a new State out 
of a portion of the territory of this State. 

Tassed August 20, 1861, 

Whereas, it is represented to be the desire of the people inhabiting the 
counties hereinafter mentioned, to be separated from this commonwealth, and 
to be erected into a separate state, and admitted into the union of states, and 
become a member of the government of the United States : 

1. The people of Virginia, by their delegates assembled in convention at 
Wheeling, do ordain that a new state, to be called the state of Kanawha, be 
formed and erected out of the territory included within the following described 



Ordinances. 17 

boundary ; beginning on the Tug Fork of Sandy River, on the Kentucky line 
where the counties of Buchanan and Logan join the same ; and running thence 
with the dividing lines of said counties and the dividing line of the counties 
of Wyoming and McDowell to the Mercer county line, and with the dividing 
line of the counties of Mercer and Wyoming to the Raleigh county line ; 
thence with the dividing line of the counties of Raleigh and Mercer, Monroe 
and Raleigh, Greenbrier and Raleigh, Fayette and Greenbrier, Nicholas and 
Greenbrier, Webster, Greenbrier and Pocahontas, Randolph and Pocahontas, 
Randolph and Pendleton, to the south-west corner of Hardy county ; thence 
with the dividing line of the counties of Hardy and Tucker, to the Fairfax 
Stoue ; thence with the line dividing the states of Maryland and Virginia, to 
the Pennsylvania line ; thence with the line dividing the states of Pennsyl- 
vania and Virginia, to the Ohio river; thence down said river, and including 
the same, to the dividing line between Virginia and Kentucky, and with the 
said line to the beginning ; including within the boundaries of the proposed new 
state the counties of Logan, Wyoming, Raleigh, Fayette, Nicholas, Webster, 
Randolph, Tucker, Preston, Monongalia, Marion, Taylor, Barbour, Upshur, 
Harrison, Lewis, Braxton, Clay, Kanawha, Boone, Wayne, Cabell, Putnam, 
Mason, Jackson, Roane, Calhoun, Wirt, Gilmer, Ritchie, Wood, Pleasants, 
Tyler, Doddridge, Wetzel, Marshall, Ohio, Brooke and Hancock. 

2. All persons qualified to vote within the boundaries aforesaid, and who 
shall present themselves at the several places of voting within their respective 
counties, on the fourth Thursday in October next, shall be allowed to vote on 
the question of the formation of a new state, as hereinbefore proposed ; and 
it shall be the duty of the commissioners conducting the election at the said 
several places of voting, at the same time, to cause polls to be taken for the 
election of delegates to a convention to form a constitution for the govern- 
ment of the proposed state. 

3. The convention hureinbefore provided for may change the boundaries 
described in the first section of this ordinance, so as to include within the 
proposed state the counties of Greenbrier and Pocahontas, or either of them, 
and also the counties of Hampshire, Hardy, Morgan, Berkeley and Jeiferson, 
or either of them, and also such other counties as lie contiguous to the said 
boundaries, or to the counties named in this section ; if the said counties to 
be added, or either of them, by a majority of the votes given, shall declare 
their wish to form part of the proposed state, and shall elect delegates to 
the said convention, at elections to be held at the time and in the manner 
herein provided for. 

4. Poll books shall be prepared under the direction of the governor for 
each place of voting in the several counties hereinbefore mentioned, with two 
separate columns, one to be headed ''For the New State," the other "Against 
the New State." And it shall be the duty of the commissioners who super- 
intended, and the officers who conducted the election in May last, or such other 
persons as the governor may appoint, to attend at their respective jjlaces of 
holding elections, and superintend and conduct the election herein provided 
for. And if the said commissioners and officers shall fail to attend at any 
such place of holding elections, it shall be lawful for any two freeholders 
present to act as commissioners in superintending the said election, and to 



18 Ordinances. 

appoint officers to conduct the same. It shall be the duty of the persons 
superintending and conducting said election, to employ clerks to record the 
votes, and to endorse on the respective poll books the expenses of the same. 

If ou the day herein provided for holding said election, there shall be in 
any of the said counties any military force, or any hostile assemblage of 
persons, so as to interfere with a fall and free expression of the will of the 
voters, they may assemble at any other place within their county, and hold an 
election as herein provided for. It shall be the duty of the commissioners 
superintending, and officers conducting said election, and the clerks em- 
ployed to record the votes, each before entering upon the duties of his 
office, to take, in addition to the oath now required by the general election 
law, the oath of office prescribed by this convention. It shall be the duty of 
the oflicers and commissioners aforesaid, aS'soon as may be, and not exceed- 
ing three days after said election, to aggregate each of the columns of said 
poll books, and ascertain the number of votes recorded in each, and make a 
return thereof to the secretary of the commonwealth, in the city of Wheeling, 
which return shall be in the following form, or to the following effect : 

We, ...commissioners, and 

conducting officer, do certify, that we caused an election to be held at 

• • , in the county of. ,, at which we 

permitted all persons to voLe that were entitled to do so under existiog laws, 
and that offered to vote, and that Vv^e have carefully added up each column of 
our poll books, and find the following result: 

For a new state, votes ; Against a new state, votes. 

Given under our hands, this day 1861. 

Under which certificate there shall be added the following affidavit : 
C u n t y , 1 - w i t : 

I, • a justice of the peace, (or any officer now author- 
ized by law to administer oaths,) in and for said county, do certify that the 
above named commissioners and conducting officer severally made oath before 
me, that the certificate by them above signed is true. 

Given under my hand, this day of 18G1. 

The original poll books shall be carefully kept by the conducting officers for 
ninety days after the day of the election, and upon the demand of the execu- 
tive shall be delivered to such person as he may authorize to demand and 
receive them. 

5. The commissioners conducting the said election in each of said counties 
shall ascertain, at the same time they ascertain the vote upon the formation of 
a new state, who has been elected from their county to the convention, here- 
inbefore provided for, and shall certify to the secretary of the commonwealth 
the name or names of the person or persons elected to the said convention. 

0. It shall be the duty of the governor, on or before the fifteenth day of 
November next, to ascertain and by proclamation Tnake known the result of 
the said vote ; and if a majority of the votes given within the boundaries 
mentioned in the first section of this ordinance, shall be in favor of the for- 
mation of a new state, he shall so state in his said proclamation, and shall 
call upon said delegates to meet in the city of V/heeling, on the iiCth day Of 
November next, and organize themselves into a convention ; and the said con- 



Ordinances. ■ 19 

vention shall submit, for ratification or rejection, the constitution that may be 
agreed upon by it, to the cuxlifisd voters within the proposed state, to be 
voted upon by the said voters on the fourth Thursday in December next. 

7. The county of Ohio shall elect three delegates ; the counties of Harrison, 
Kanawha, Marion, Marshall, Zvlonongalia, Preston and Wood shall each elect 
two ; and the other counties named in the first section of this ordinance shall 
each elect one delegate to the said convention. And such other counties as 
are described in the third seclicii of this ordinance, shall, for every seven 
thousand of their populatic?i according to the census of 1860, be entitled to 
one delegate, and to an additional delegate for any fraction over thirty-five 
hundred ; but each of said counties shall be entitled to at least one delegate. 
The said delegates shall receive the same per diem as is now allowed to 
members of the general assembly; but no person shall receive pay as a mem- 
ber of the general assembly and of the convention at the same time. 

8. It shall be the duty of the governor to lay before the general assembly, 
at its next meeting, for their consent according to the constitution of the 
United States, the result of the said vote, if it shall be found that a majority 
of the votes cast be in favor of a new state, and also in favor of the constitu- 
tion proposed to said voters for their adoption. 

9. The new state shall take upon itself a just proportion of the public debt 
of the commonwealth of Virginia prior to the first day of January, 1861, to 
be ascertained by charging to it all state expenditures within the limits thereof, 
and a just proportion of the ordinary expenses of the state government, since 
any part of said debt was contracted; and deducting therefrom the monies 
paid into the treasury of the commonwealth from the counties included within 
the said new state during the same period. All private rights and interests in 
lands within the proposed state, derived from the laws of Virginia prior to 
such separation, shall remain valid and secure under the laws of the proposed 
state, and shall be determined by the laws now existing in the state of 
Virginia. 

The lands within the proposed state, of non-resident proprietors, shall not 
in any case be taxed higher than the lands of residents therein. No grants of 
lands or land warrants, issued by the proposed state, shall interfere with any 
warrant issued from the land office of Virginia prior to the l7th day of April 
last, which shall be located on lands within the proposed state now liable 
thereto. 

10. When the general assembly shall give its consent to the formation of 
such new state, it shall forward to the congress of the United States such 
consent, together with an ofQcial copy of such constitution, with the request 
that the said new state may be admitted into the union of states. 

11. The government of the state of Virginia as reorganized by this conven- 
tion at its session in June last, shall retain, within the territory of the pro- 
posed state, undiminished and unimpaired, all the powers and authority with 
which it has been vested, until the proposed state shall be admitted into the 
union by the congress of the United States ; and nothing in this ordinance 
contained, or which shall be done in pursuance thereof, shall impair or affect 
the authority of the said reorganized state government in any county which 
shall not be included within the proposed state. 

A. I. BoREJiAx, President. 
G. L. Cranmer, Secretari/. 



20 Ordinances. 

An ORDINANCE to provide for the punishment of certain offenses, 
and for other purposes. 

Passed August 12, 18G1. 

The People of Virginia, by their Delegates assembled in Convention at 
Wheeling, do ordain as follows : 

1. Every former incumbent of an office which has been or shall be declared 
vacant by any declaration or ordinance of this convention, or any act of the 
general assembly, who shall exercise or attempt to exercise the functions of 
such office, shall be deemed guilty of a misdemeanor, and upon conviction 
thereof shall be punished by a fine not exceeding one thousand dollars and 
imprisonment in the county jail not exceeding one year. 

2. The office of any person who has heretofore taken and subscribed, or 
shall hereafter take and subscribe the oath or affirmation, prescribed by the 
ordinance of this convention, entitled "An ordinance for the reorganization 
of the state government," and who, after taking and subscribing such oath 
or affirmation, shall by any overt act, or by writing or speaking, support and 
uphold or attempt to support and uphold the usurped government at Rich- 
mond or the pretended government of the so-called Confederate States, is 
hereby declared vacant; and the governor, if satisfactory evidence be pro- 
duced thereof, upon due notice of the charge to the party to be affected 
thereby, shall proceed to fill such vacancy or cause the same to be filled in 
the mode prescribed by the fifth section of the above cited ordinance. But 
nothing herein contained shall prevent the indictment and punishment of 
such persons for the crime of perjury. 

3. This ordinance shall be in force from its passage, and may be altered or 

repealed by the general assembly. 

A. I. BoREMAN, President. 
G. L. Cranmer, Secretary. 



An ORDINANCE ascertaining and declaring in what cases offices 
are vacated under the Declaration of June 17, 1861. 

Passed August 20, 1801. 

The People of Virginia, by their Delegates assembled in Convention at 
Wheeling, do ordain as follows : 

1. Every incumbent of an office held under authority of the common- 
wealth, or of any county, city or town thereof, who, on and before the 
seventeenth day of June last, was in rebellion against the government of the 
United States, or who by any overt act, or by writing or speaking, supported 
and upheld, or attempted to support and uphold the usurped government at 
Richmond, or the pretended government of the so-called Confederate States, 
and who has not, before the passage of this ordinance, taken and subscribed 
the oath of office prescribed by the ordinance of this convention, entitled 
"An ordinance for the reorganization of the state government," shall be 
deemed and taken to have vacated his office ; and it shall be the duty of the 
governor, upon satisfactory evidence thereof, to proceed to fill such vacancy, 
or cause the same to be filled in the mode prescribed by the fifth section of 
the above cited ordinance. 

2. This ordinance shall be in force from its passage. 

A. I. Boremax, President. 
G. L. Cranmer, Secretary. 



Ordinances. 21 

An ORDINANCE providing for the appointment of Collector of 
the Public Revenue in certain cases. 

Passed August 20, 1S61. 

The People of Virginia, by their Delegates assembled in Convention at 
Wheeling, do ordain as follows : 

1. If in any county there shall be no sheriff or collector of the public rev- 
enues authorized to act under existing laws and the ordinances of this con- 
vention, and the county court of such ^ounty cannot be convened, or being 
convened shall fail or refuse to appoint and qualify a collector of the state 
and county levies and other public dues within the said county, it shall be 
the duty of the auditor of public accounts, with the approbation of the gov- 
ernor, to appoint a collector of the public revenues for the said county, 
requiring him to take such oaths and, with proper and sufficient sureties, to 
be approved by the governor and auditor, to execute such bonds as are 
required from collectors appointed by the county courts under the said laws 
and ordinances. The said bonds shall be filed with the auditor of public 
accounts, who shall transmit certified copies thereof to the clerk of the 
county court of such county, which copies shall be received as eVidence in all 
the courts of the commonwealth. 

2. This ordinance shall be in force from its passage, and may be altered or 

repealed by the general assembly. 

A. I. BoREMAN, President. 
G. L. Cranmer, Secretarij. 



An ORDINANCE to provide for the election of Representatives 
in the Congress of the United States. 

Passed August 20, 1861. 

The People of Virginia, by their Delegates assembled in Convention at 
"Wheeling, do ordain as follows : 

1. In every congressional district of the state where, from any cause, an 
election of a representative in the congress of the United States was not held 
on the fourth Thursday of May last, and in the eleventh district where a 
vacancy now exists, an election for such representative shall be held on the 
fourth Thursday in October next, which shall be conducted and the result 
ascertained, declared and certified in the manner directed in the second 
edition of the code of Virginia. 

2. If in consequence of the occupation of any county by armed forces in 
hostility with or in rebellion against the government of the United States, 
such election cannot be or is not held in such county, any person entitled to 
vote therein may vote in any other county of his district. And if no election 
shall be held at the time appointed in the first section of this ordinance in 
any congressional district therein mentioned, the governor on receiving satis- 
factory evidence thereof may, by proclamation or writ, appoint another day 
for holding such election therein. 

3. This ordinance shall be in force from its passage. 

A. I. BoREMAN, President. 
G. L. Cranmer, Secretary. 



22 Ordinances. 

An ORDINANCE to increase the compensation of the Adjutant 
General, during the continuance of hostilities within the Com- 
monwealth. 

I'nsseil August 20, 18(31. 

The People of Virginia, by their Delegates assembled in Convention at 
Wheeling, do ordain as follows : 

1. During the continuance of hostilities within the commonwealth, the 
adjutant general, in addition to the salary now allowed by law, shall be 
entitled to receive the sum of seven hundred dollars per annum. 

2. This ordinance shall be in force from its passage, and may be altered or 
repealed by the general assembly. 

. A. I. BoREMAN, President. 
G. L. Cranmer, Secretary. 




4